House File 2003 - Introduced HOUSE FILE 2003 BY SALMON A BILL FOR An Act relating to persons involved in the sale of alcoholic 1 beverages, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5150YH (3) 87 ns/rh

H.F. 2003 Section 1. Section 123.39, subsection 1, paragraph b, Code 1 2018, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (7) Failure to submit a plan and 3 procedure for the transportation of intoxicated persons to the 4 satisfaction of the division or local authority as required by 5 section 123.50, subsection 6. 6 Sec. 2. Section 123.49, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 1A. A person holding a liquor control 9 license or wine or beer permit for on-premises consumption 10 shall not sell, dispense, or give to a person any alcoholic 11 liquor, wine, or beer, if the person’s driver’s license is 12 marked with an operating-while-intoxicated emblem pursuant to 13 section 321.189, subsection 2, paragraph “0c” . 14 Sec. 3. Section 123.50, Code 2018, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 6. If an employee of a licensee or 17 permittee violates section 123.49, subsection 1, the licensee 18 or permittee shall submit to the division or local authority 19 a plan and procedure for the licensee or permittee to obtain 20 transportation for intoxicated persons on the premises of the 21 licensee’s or permittee’s business from the licensee’s or 22 permittee’s business to the intoxicated person’s permanent or 23 temporary place of residence. Failure to submit such a plan 24 and procedure to the satisfaction of the division or local 25 authority shall be grounds for the suspension or revocation 26 of the license or permit of the licensee or permittee by the 27 division or the local authority. 28 Sec. 4. Section 123.50A, Code 2018, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 5. An employee or prospective employee 31 of a licensee or permittee shall complete or re-complete the 32 alcohol compliance employee training program if the employee, 33 prospective employee, or another employee of the licensee 34 or permittee is convicted of a violation of section 123.49, 35 -1- LSB 5150YH (3) 87 ns/rh 1/ 4

H.F. 2003 subsection 1 or 1A. The employee or prospective employee shall 1 attend the next available alcohol compliance employee training 2 program taking place within one hundred miles of the licensee’s 3 or permittee’s business. 4 Sec. 5. Section 321.189, subsection 2, Code 2018, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . 0c. If the licensee’s operating record 7 indicates the licensee has been convicted of, or the licensee’s 8 driver’s license has been revoked for, a violation of section 9 321J.2 or 321J.2A, the driver’s license shall contain an 10 operating-while-intoxicated emblem designed by the department 11 that shall appear prominently on the back of the license. 12 If the licensee’s operating record no longer indicates the 13 licensee has been convicted of, or the licensee’s driver’s 14 license has been revoked for, a violation of section 321J.2 or 15 321J.2A due to the deletion of such records pursuant to section 16 321.12, the licensee may apply for a replacement driver’s 17 license without an operating-while-intoxicated emblem pursuant 18 to subsection 3. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill prohibits the holder of a liquor control license 23 or wine or beer permit (licensee or permittee) for on-premises 24 consumption from selling, dispensing, or giving a person any 25 alcoholic liquor, wine, or beer, if the person’s driver’s 26 license is marked with an operating-while-intoxicated (OWI) 27 emblem indicating the person has been convicted of an OWI 28 offense or has had the person’s driver’s license revoked due 29 to an OWI violation. By operation of law, a violation of 30 this provision is a simple misdemeanor and is grounds for the 31 suspension or revocation of the license or permit under Code 32 section 123.50, and may result in a civil penalty not to exceed 33 $1,000 under Code section 123.39. 34 The bill requires a licensee or permittee with an employee 35 -2- LSB 5150YH (3) 87 ns/rh 2/ 4

H.F. 2003 who has served alcohol to an intoxicated person in violation 1 of Code section 123.49 to submit to the alcoholic beverages 2 division of the department of commerce (division) or a local 3 authority a plan and procedure for the licensee or permittee to 4 obtain transportation for intoxicated persons on the premises 5 of a licensee’s or permittee’s business from the business 6 to the intoxicated person’s permanent or temporary place of 7 residence. Failure to submit such a plan and procedure to the 8 satisfaction of the division or local authority is grounds for 9 the suspension or revocation of the license or permit of the 10 licensee or permittee, and may result in a civil penalty not 11 to exceed $1,000. 12 The bill also requires an employee or prospective employee 13 of a licensee or permittee to complete or re-complete an 14 alcohol compliance employee training program if the employee, 15 prospective employee, or another employee of the licensee or 16 permittee is convicted of serving alcohol to an intoxicated 17 person or to a person with a driver’s license marked with 18 an OWI emblem. The bill requires the person to attend the 19 next available alcohol compliance employee training program 20 taking place within 100 miles of the licensee’s or permittee’s 21 business. 22 The bill provides that if a person’s motor vehicle operating 23 record indicates the person has been convicted of, or the 24 person’s driver’s license has been revoked for, a violation of 25 Code section 321J.2 (operating a motor vehicle while under the 26 influence of alcohol or a drug) or 321J.2A (persons under the 27 age of 21 operating a motor vehicle while intoxicated), the 28 driver’s license must contain an OWI emblem designed by the 29 department of transportation that must appear prominently on 30 the back of the license. However, the bill also provides that 31 if the person’s operating record no longer indicates the person 32 has been convicted of, or the person’s driver’s license has 33 been revoked for, a violation of Code section 321J.2 or 321J.2A 34 due to the deletion of such records pursuant to Code section 35 -3- LSB 5150YH (3) 87 ns/rh 3/ 4

H.F. 2003 321.12, the person may apply for a replacement driver’s license 1 without an OWI emblem. 2 -4- LSB 5150YH (3) 87 ns/rh 4/ 4